Section 1961(1) of title 18, United States
Code, is amended by inserting section 1030 (relating to fraud and
related activity in connection with computers) if the act is a felony,
before section 1084.

3.

Penalties for
fraud and related activity in connection with computers

Section 1030(c) of title 18, United States
Code, is amended to read as follows:

(c)

The punishment
for an offense under subsection (a) or (b) of this section is—

(1)

a fine under this
title or imprisonment for not more than 20 years, or both, in the case of an
offense under subsection (a)(1) of this section;

(2)(A)

except as provided in
subparagraph (B), a fine under this title or imprisonment for not more than 3
years, or both, in the case of an offense under subsection (a)(2); or

(B)

a fine under this title or
imprisonment for not more than ten years, or both, in the case of an offense
under paragraph (a)(2) of this section, if—

(i)

the offense was committed for
purposes of commercial advantage or private financial gain;

(ii)

the offense was committed in the
furtherance of any criminal or tortious act in violation of the Constitution or
laws of the United States, or of any State; or

(iii)

the value of the information
obtained, or that would have been obtained if the offense was completed,
exceeds $5,000;

(3)

a fine under this
title or imprisonment for not more than 1 year, or both, in the case of an
offense under subsection (a)(3) of this section;

(4)

a fine under this
title or imprisonment of not more than 20 years, or both, in the case of an
offense under subsection (a)(4) of this section;

(5)(A)

except as provided in
subparagraph (D), a fine under this title, imprisonment for not more than 20
years, or both, in the case of an offense under subsection (a)(5)(A) of this
section, if the offense caused—

(i)

loss to 1 or more persons during
any 1-year period (and, for purposes of an investigation, prosecution, or other
proceeding brought by the United States only, loss resulting from a related
course of conduct affecting 1 or more other protected computers) aggregating at
least $5,000 in value;

(ii)

the modification or impairment, or
potential modification or impairment, of the medical examination, diagnosis,
treatment, or care of 1 or more individuals;

(iii)

physical injury to any
person;

(iv)

a threat to public health or
safety;

(v)

damage affecting a computer used
by, or on behalf of, an entity of the United States Government in furtherance
of the administration of justice, national defense, or national security;
or

(vi)

damage affecting 10 or more
protected computers during any 1-year period;

(B)

a fine under this title, imprisonment
for not more than 10 years, or both, in the case of an offense under subsection
(a)(5)(B), if the offense caused a harm provided in clause (i) through (vi) of
subparagraph (A) of this subsection;

(C)

if the offender attempts to cause or
knowingly or recklessly causes death from conduct in violation of subsection
(a)(5)(A), a fine under this title, imprisonment for any term of years or for
life, or both; or

(D)

a fine under this title, imprisonment
for not more than 1 year, or both, for any other offense under subsection
(a)(5);

(6)

a fine under this
title or imprisonment for not more than 10 years, or both, in the case of an
offense under subsection (a)(6) of this section; or

(7)

a fine under this
title or imprisonment for not more than 10 years, or both, in the case of an
offense under subsection (a)(7) of this
section..

.

4.

Trafficking in
passwords

Section 1030(a) of
title 18, United States Code, is amended by striking paragraph (6) and
inserting the following:

(6)

knowingly and
with intent to defraud traffics (as defined in section 1029) in—

(A)

any password or
similar information or means of access through which a protected computer as
defined in subparagraphs (A) and (B) of subsection (e)(2) may be accessed
without authorization; or

(B)

any means of
access through which a protected computer as defined in subsection (e)(2)(A)
may be accessed without
authorization.

.

5.

Conspiracy and
attempted computer fraud offenses

Section 1030(b) of title 18, United States
Code, is amended by inserting for the completed offense after
punished as provided.

6.

Criminal and
civil forfeiture for fraud and related activity in connection with
computers

Section 1030 of
title 18, United States Code, is amended by striking subsections (i) and (j)
and inserting the following:

(i)

Criminal
forfeiture

(1)

The court, in
imposing sentence on any person convicted of a violation of this section, or
convicted of conspiracy to violate this section, shall order, in addition to
any other sentence imposed and irrespective of any provision of State law, that
such person forfeit to the United States—

(A)

such person's
interest in any property, real or personal, that was used, or intended to be
used, to commit or facilitate the commission of such violation; and

(B)

any property,
real or personal, constituting or derived from any gross proceeds, or any
property traceable to such property, that such person obtained, directly or
indirectly, as a result of such violation.

(2)

The criminal
forfeiture of property under this subsection, including any seizure and
disposition of the property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853),
except subsection (d) of that section.

(j)

Civil
forfeiture

(1)

The following
shall be subject to forfeiture to the United States and no property right, real
or personal, shall exist in them:

(A)

Any property,
real or personal, that was used, or intended to be used, to commit or
facilitate the commission of any violation of this section, or a conspiracy to
violate this section.

(B)

Any property,
real or personal, constituting or derived from any gross proceeds obtained
directly or indirectly, or any property traceable to such property, as a result
of the commission of any violation of this section, or a conspiracy to violate
this section.

(2)

Seizures and
forfeitures under this subsection shall be governed by the provisions in
chapter 46 of title 18, United States Code, relating to civil forfeitures,
except that such duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) of title 18, United States Code,
shall be performed by such officers, agents and other persons as may be
designated for that purpose by the Secretary of Homeland Security or the
Attorney
General.

.

7.

Damage to
critical infrastructure computers

(a)

In
general

Chapter 47 of title 18, United States Code, is amended by
inserting after section 1030 the following:

1030A.

Aggravated
damage to a critical infrastructure computer

(a)

Definitions

In
this section—

(1)

the terms
computer and damage have the meanings given such
terms in section 1030; and

(2)

the term
critical infrastructure computer means a computer that manages or
controls systems or assets vital to national defense, national security,
national economic security, public health or safety, or any combination of
those matters, whether publicly or privately owned or operated,
including—

(A)

gas and oil
production, storage, and delivery systems;

(B)

water supply
systems;

(C)

telecommunication
networks;

(D)

electrical power
delivery systems;

(E)

finance and
banking systems;

(F)

emergency
services;

(G)

transportation
systems and services; and

(H)

government
operations that provide essential services to the public.

(b)

Offense

It
shall be unlawful to, during and in relation to a felony violation of section
1030, intentionally cause or attempt to cause damage to a critical
infrastructure computer, and such damage results in (or, in the case of an
attempt, would, if completed have resulted in) the substantial
impairment—

(1)

of the operation
of the critical infrastructure computer; or

(2)

of the critical
infrastructure associated with the computer.

(c)

Penalty

Any
person who violates subsection (b) shall be fined under this title, imprisoned
for not less than 3 years nor more than 20 years, or both.

(d)

Consecutive
sentence

Notwithstanding any other provision of law—

(1)

a court shall not
place on probation any person convicted of a violation of this section;

(2)

except as
provided in paragraph (4), no term of imprisonment imposed on a person under
this section shall run concurrently with any other term of imprisonment,
including any term of imprisonment imposed on the person under any other
provision of law, including any term of imprisonment imposed for the felony
violation section 1030;

(3)

in determining
any term of imprisonment to be imposed for a felony violation of section 1030,
a court shall not in any way reduce the term to be imposed for such crime so as
to compensate for, or otherwise take into account, any separate term of
imprisonment imposed or to be imposed for a violation of this section;
and

(4)

a term of
imprisonment imposed on a person for a violation of this section may, in the
discretion of the court, run concurrently, in whole or in part, only with
another term of imprisonment that is imposed by the court at the same time on
that person for an additional violation of this section, provided that such
discretion shall be exercised in accordance with any applicable guidelines and
policy statements issued by the United States Sentencing Commission pursuant to
section 994 of title
28.

.

(b)

Technical and
conforming amendment

The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting after the item relating
to section 1030 the following:

Sec. 1030A. Aggravated damage to a critical infrastructure
computer.

.

8.

Limitation on
actions involving unauthorized use

Section 1030(e)(6) of title 18, United
States Code, is amended by striking alter; and inserting
alter, but does not include access in violation of a contractual
obligation or agreement, such as an acceptable use policy or terms of service
agreement, with an Internet service provider, Internet website, or
non-government employer, if such violation constitutes the sole basis for
determining that access to a protected computer is
unauthorized;.